# Can I sell t-shirts with a celebrity's picture on them? **URL:** \ **Category:** Factual Questions\ **Created:** [October 23, 2007, 10:30pm UTC](https://boards.straightdope.com/t/can-i-sell-t-shirts-with-a-celebritys-picture-on-them/423765 "2007-10-23T22:30:53Z")\ **Posts on this page:** 14\ **Page:** 1
**Author:** ![magellan01](https://avatars.discourse-cdn.com/v4/letter/m/45deac/32.png) [@magellan01](https://boards.straightdope.com/u/magellan01)\ **Post date:** [October 23, 2007, 10:30pm UTC](https://boards.straightdope.com/t/can-i-sell-t-shirts-with-a-celebritys-picture-on-them/423765/1 "2007-10-23T22:30:53Z")
I know that the images of political figures are fair game, but how about people like O’Reilly, Rush, Stewart and Olberman? Can I come up with some T that mocks them and sell them? Or does that run afoul of some law? Thanks. ---
**Author:** ![Sapo](https://avatars.discourse-cdn.com/v4/letter/s/ec9cab/32.png) [@Sapo](https://boards.straightdope.com/u/Sapo)\ **Post date:** [October 23, 2007, 11:57pm UTC](https://boards.straightdope.com/t/can-i-sell-t-shirts-with-a-celebritys-picture-on-them/423765/2 "2007-10-23T23:57:11Z")
Did you take the pictures yourself and in a public place? Do you otherwise hold the rights to such pictures and were they taken legally? Will you caption them in a way that portrays these people as condoning or supporting some cause or product that they do not? ---
**Author:** ![Otto](https://avatars.discourse-cdn.com/v4/letter/o/bbe5ce/32.png) [@Otto](https://boards.straightdope.com/u/Otto)\ **Post date:** [October 24, 2007, 12:01am UTC](https://boards.straightdope.com/t/can-i-sell-t-shirts-with-a-celebritys-picture-on-them/423765/3 "2007-10-24T00:01:22Z")
Images of political figures are not necessarily fair game. People have a [right of publicity](http://en.wikipedia.org/wiki/Right_of_publicity) that allows them to control how their image is used commercially. These rights vary from one jurisdiction to another so if you’re looking to start up an actual business venture you need to speak with a lawyer who is knowledgable about this area of the law. ---
**Author:** ![magellan01](https://avatars.discourse-cdn.com/v4/letter/m/45deac/32.png) [@magellan01](https://boards.straightdope.com/u/magellan01)\ **Post date:** [October 24, 2007, 2:19am UTC](https://boards.straightdope.com/t/can-i-sell-t-shirts-with-a-celebritys-picture-on-them/423765/4 "2007-10-24T02:19:03Z")
[QUOTE=Sapo] Did you take the pictures yourself and in a public place? Do you otherwise hold the rights to such pictures and were they taken legally? Will you caption them in a way that portrays these people as condoning or supporting some cause or product that they do not? [/QUOTE] Let’s assume I can get the photographer’s permission. And the picture already appeared in a nagazine or newspaper. And let’s say there’s a picture of Howard Stern where he looks quite avian, could I use the picture, which I have permission to use from the photographer, and put it on a T-shirt with the caption “Bird Brain”. Bad example, but you get the idea. ---
**Author:** ![Sapo](https://avatars.discourse-cdn.com/v4/letter/s/ec9cab/32.png) [@Sapo](https://boards.straightdope.com/u/Sapo)\ **Post date:** [October 24, 2007, 2:22am UTC](https://boards.straightdope.com/t/can-i-sell-t-shirts-with-a-celebritys-picture-on-them/423765/5 "2007-10-24T02:22:39Z")
[QUOTE=magellan01] Let’s assume I can get the photographer’s permission. And the picture already appeared in a nagazine or newspaper. And let’s say there’s a picture of Howard Stern where he looks quite avian, could I use the picture, which I have permission to use from the photographer, and put it on a T-shirt with the caption “Bird Brain”. Bad example, but you get the idea. [/QUOTE] I will let the lawyers answer this question. As a total non-expert, that sounds more like satire than anything else, and you shouldn’t have much problem if you already secured the rights to use the photo from the photographer. Then again, I am just talking off the bottom of my abdominal cavity. ---
**Author:** ![mangeorge](https://avatars.discourse-cdn.com/v4/letter/m/d78d45/32.png) [@mangeorge](https://boards.straightdope.com/u/mangeorge)\ **Post date:** [October 24, 2007, 2:29am UTC](https://boards.straightdope.com/t/can-i-sell-t-shirts-with-a-celebritys-picture-on-them/423765/6 "2007-10-24T02:29:37Z")
[QUOTE=magellan01] Let’s assume I can get the photographer’s permission. And the picture already appeared in a nagazine or newspaper. And let’s say there’s a picture of Howard Stern where he looks quite avian, could I use the picture, which I have permission to use from the photographer, and put it on a T-shirt with the caption “Bird Brain”. Bad example, but you get the idea. [/QUOTE] Nagazine, eh? Is that a Freudian slip, or what. 😉 Peace, mangeorge ND ---
**Author:** ![magellan01](https://avatars.discourse-cdn.com/v4/letter/m/45deac/32.png) [@magellan01](https://boards.straightdope.com/u/magellan01)\ **Post date:** [October 24, 2007, 2:49am UTC](https://boards.straightdope.com/t/can-i-sell-t-shirts-with-a-celebritys-picture-on-them/423765/7 "2007-10-24T02:49:53Z")
[QUOTE=mangeorge] Nagazine, eh? Is that a Freudian slip, or what. 😉 Peace, mangeorge ND [/QUOTE] Nagazine! A new word coined by me. And used without permission by **mangeorge**. My lawyers will be speaking with you, sir. ---
**Author:** ![mangeorge](https://avatars.discourse-cdn.com/v4/letter/m/d78d45/32.png) [@mangeorge](https://boards.straightdope.com/u/mangeorge)\ **Post date:** [October 24, 2007, 2:58am UTC](https://boards.straightdope.com/t/can-i-sell-t-shirts-with-a-celebritys-picture-on-them/423765/8 "2007-10-24T02:58:42Z")
[QUOTE=magellan01] Nagazine! A new word coined by me. And used without permission by **mangeorge**. My lawyers will be speaking with you, sir. [/QUOTE] Lawyers be damned! Sabres at dusk. ---
**Author:** ![vetbridge](https://avatars.discourse-cdn.com/v4/letter/v/b5e925/32.png) [@vetbridge](https://boards.straightdope.com/u/vetbridge)\ **Post date:** [October 24, 2007, 1:11pm UTC](https://boards.straightdope.com/t/can-i-sell-t-shirts-with-a-celebritys-picture-on-them/423765/9 "2007-10-24T13:11:38Z")
[QUOTE=mangeorge] Lawyers be damned! Sabres at dusk. [/QUOTE] Anyone need a second? I’ve always wanted to be a second. Will this be to first blood, or (as I prefer) to the death? 🆒 ---
**Author:** ![mangeorge](https://avatars.discourse-cdn.com/v4/letter/m/d78d45/32.png) [@mangeorge](https://boards.straightdope.com/u/mangeorge)\ **Post date:** [October 24, 2007, 2:35pm UTC](https://boards.straightdope.com/t/can-i-sell-t-shirts-with-a-celebritys-picture-on-them/423765/10 "2007-10-24T14:35:50Z")
[QUOTE=vetbridge] Anyone need a second? I’ve always wanted to be a second. Will this be to first blood, or (as I prefer) to the death? 🆒 [/QUOTE] Remember the fight scene in _Monty Python and the Holy Grail_? Like that. Seconds must sign a waiver. ---
**Author:** ![vetbridge](https://avatars.discourse-cdn.com/v4/letter/v/b5e925/32.png) [@vetbridge](https://boards.straightdope.com/u/vetbridge)\ **Post date:** [October 24, 2007, 2:51pm UTC](https://boards.straightdope.com/t/can-i-sell-t-shirts-with-a-celebritys-picture-on-them/423765/11 "2007-10-24T14:51:15Z")
What exactly would I be waiving? :dubious: ---
**Author:** ![Giles](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/giles/32/60_2.png) [@Giles](https://boards.straightdope.com/u/Giles)\ **Post date:** [October 24, 2007, 3:31pm UTC](https://boards.straightdope.com/t/can-i-sell-t-shirts-with-a-celebritys-picture-on-them/423765/12 "2007-10-24T15:31:13Z")
[QUOTE=vetbridge] What exactly would I be waiving? :dubious: [/QUOTE] You might be waiving your right to sue for injuries caused by stray bullets or misdirected swords. ---
**Author:** ![Troy\_McClure\_SF](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/troy_mcclure_sf/32/4150_2.png) [@Troy\_McClure\_SF](https://boards.straightdope.com/u/Troy_McClure_SF)\ **Post date:** [October 24, 2007, 4:02pm UTC](https://boards.straightdope.com/t/can-i-sell-t-shirts-with-a-celebritys-picture-on-them/423765/13 "2007-10-24T16:02:36Z")
[QUOTE=magellan01] Let’s assume I can get the photographer’s permission. And the picture already appeared in a nagazine or newspaper. [/QUOTE] The photographer’s permission might mean bupkus if the magazine bought the rights. ---
**Author:** ![Telemark](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/telemark/32/372_2.png) [@Telemark](https://boards.straightdope.com/u/Telemark)\ **Post date:** [October 24, 2007, 4:09pm UTC](https://boards.straightdope.com/t/can-i-sell-t-shirts-with-a-celebritys-picture-on-them/423765/14 "2007-10-24T16:09:14Z")
I’m going on memory here, my books are at home, and I’m definitely not a lawyer. But you would have a very difficult time using the likeness of a celebrity if they didn’t want you to. > **[Documents | The Smoking Gun](http://www.thesmokinggun.com/documents/crime/archive-0430042arnold1)** > > Public Documents, Mug Shots > [@](#): > > With the exception of movie promotion, Singer noted that Schwarzenegger does not permit the use of his likeness on commercial products in the United States. If you’re selling t-shirts, I don’t think the argument that it’s just parody works. Again, IANAL, just something I read up on.